2014/06/20

Recruiting FAIL: Update with ITCRA documents

I've put on-line the follow-up documents [links below fold] I received from ITCRA on my complaint, lodged in Aug/Sep 2012 and apparently resolved before Christmas that year. I have on record, because almost all my interactions have been via email, that I wasn't informed on the lack of Natural Justice until around six months after I lodged my grievance.

I was given an undertaking that a) ITCRA would write a Case Study from my complaint, in lieu of informing me of their determinations and actions taken, and b) I would be sent a copy.

A year on, Dec 2013, I enquired after the Case Study. My guess from the delay is that it'd never been written, as promised in writing.

It was only in February this year, 2014, that I received that Case Study.
In a separate email I was informed that the Agent had been dismissed over this matter, presumably in late December 2012.


Links, PDF documents, downloadable:
ITCRA Complaint transmitted to Agency. Undated.
First notice to Agency of grievance sent to Agency. Undated. [I've incorrectly annotated with a 2011 date.]
ITCRA email to me advising Agent was fired over this. 12-Feb-2014.
ITCRA Case Study. Undated, received 12-Feb-2014.

Previous posts:
12-Dec-2012. on ITCRA'a non-response.
Part 3 of the series on lodging a complaint.
Part 1 of the series, detailing events.

But on what grounds was he dismissed? These were never made clear to me.

This is important as both my Complaint and the formal Complaint transmitted to the Agency included multiple breaches of the Australian Consumer Law (ACL, previously TPA), which were cause for action by me against the Agent and the Agency.

That both ITCRA and hence the Agency were aware of these prima facé breaches of the ACL are spelled out clearly and unequivocally in this these words from the Case Study :
The QuestionThey (the Agency) ask whether they can be held liable for anything. 
The AnswerYes.
Does deliberately not informing me of their Determination, actions required against the Agent and by the Agency and withholding relevant information for a very long period amount, in itself, to a breach of the ACL, specifically unconscionable conduct by ITCRA and its various employees?

Were the ITRCA Board, Disciplinary Committee and CEO all obliged under the ACL, as to withhold pertinent information would be "misleading and deceptive", even unconscionable conduct, to inform me that their consideration of the facts, and backed by their action against a member and employee, was sufficient evidence for me to take action under the ACL for real damages, viz lost wages and damage to my reputation amongst all ITCRA members who became aware of my complaint?

The very determination against the Agent/Agency, based on the headline complaint, and its acceptance by them, would seem to be an unequivocal admission of guilt and responsibility of breaches of the ACL.

It took a very long time for ITCRA to recruit a Disciplinary Committee for this matter as so many Agencies had my CV on their books, either then or at some time. To ascertain this, all those Agencies had to be contacted and the reason given. The only question is how much detail of my complaint was passed around ITCRA members.

Does the denial of Natural Justice in the ITCRA 'complaints' process for members of the public against ITCRA members amount to a breach of any Act and grounds for action?

Does the extremely tardy and reluctant action of ITCRA and its officers, after offering undertakings to provide me with information about my complaint via an anonymised Case Study, amount to "misleading and deceptive" conduct under the ACL? Specific promises weren't just entered into, but volunteered by them.

1 comment:

Brenden Parker said...

The business of IT Recruitment is at an all time low. The power of "Boards" or "Councils", bodies who are supposed to protect IT professionals, was never there in the first place. The power of councils etc was never there. It went with the demise of the Unions, who were dismissed as being "unproductive" and "militant" in the 1980's. As a (former) well paid IT professional, I never thought I would need the protection of a Union.

I have worked for 8 large scale corporations, the names of whom I will leave out for possible legal ramifications.

I can cite many, many examples of mismanagement in these institutions: waste, abuses of power, nepotism, low morale where they were the direct cause, inefficiency for inefficiencies sake, and much else.

I remember one incident where my manager's manager, having cause a mild panic througout the department with his demands for upgrades, was removed from his position because he didn't have the intestinal fortitude to say to HIS managers that the work they were asking us to do was not achievable give the staff or time frame. So he lied to them, and to us. Then he was "removed". No, not fired, like I would have been, but moved sideways, to another less demanding position, on another account (different client), far away, with no cut in salary. How do I know? At the time, my manager asked me to sit out the door of his office and answer the phone when he wasn't there, as if I didn't have enough to do. My manager's manager spilled the beans when he was removed. He also said they "paid me too goddam much to be acting like his secretary".

Having worked in small business, I have been downright exploited. Working for myself has been only moderately successful. Now, you can sit there and say "Oh he's just whinging, go out and try harder", or something else as equally galling or misinformed. I ask you, who makes these corporations, businesses, homes, offices and individual people do the work they need to do, oversee the flow of 1's and 0's, make sure all these applications and machines run effectively and efficiently? Who solves huge technical conundrums and creates programs and systems that make the modern world flow?

I'll tell you, it is the likes of myself and my former mentor, Steve Jenkin. Perhaps I am not a successful businessman, maybe I don't have the business acumen to be moderately successful or the lack of conscience that it take to become of Multi National, but I have spent the best years of my life in IT, and six years in the Australian Army.

IT Recruiting agencies OWE it to us to do their job. Either that, or stop masquerading as professionals, and take a pay cut accordingly. I hear Burger King are hiring. Perhaps these agencies should do some soul searching, stop acting like "Empty Suits", filling out forms, going to the proper meetings, filling out quotas, etc and do their job. It makes you wonder what their KPA's, promotions, etc entail: Did I answer the phone correctly (a true KPA), did I fill out the correct paperwork in a timely manner? (also true). Someone needs to step out from the crowd and point out what it wrong.

What will I do? A carefully worded response to every lazy small minded spam letter that I recieve.